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Section 54: Liability of drawer or indorser

Bills Of Exchange Act · PART I: BILLS OF EXCHANGE

consolidated text (as at 2011, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.

54. Liability of drawer or indorser (1) The drawer of a bill by drawing it— (a) engages that on due presentment it shall be accepted and paid according to its tenor, and that if it is dishonoured he will [Issue 1] B7 – 20 Revised Laws of Mauritius compensate the holder or any indorser who is compelled to pay it, subject to the provisions of this Act as to proceedings on dishonour; (b) is precluded from denying to a holder in due course the existence of the payee and his then capacity to indorse. (2) The indorser of a bill by indorsing it— (a) engages that on due presentment it shall be accepted and paid according to its tenor, and that if it be dishonoured he will compensate the holder or a subsequent indorser who is compelled to pay it, subject to the provisions of this Act as to proceedings on dishonour; (b) is precluded from denying to a holder in due course the genuineness and regularity in all respects of the drawer’s signature and all previous indorsements; (c) is precluded from denying to his immediate or a subsequent indorsee that the bill was at the time of his indorsement a valid and subsisting bill, and that he had then a good title to it.

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